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Grandparents’ Rights in Indiana Custody Cases

If you are a grandparent in Indiana and you are worried about losing contact with your grandchild or feel you are the only stable adult in their life right now, it can be frightening and confusing. Indiana law does not automatically give grandparents rights, yet it does recognize that grandparents often step in when families are in crisis and children need safety and stability.​

This guide explains how grandparents rights Indiana actually work in real custody and visitation cases, from basic visitation all the way to third party custody and de facto custodian status. It is written for grandparents across Indianapolis, Carmel, Fishers, Noblesville, Zionsville, Westfield, Greenwood, Brownsburg, Avon, and the rest of Indiana who need clear, practical information about their options and what to expect if they go to court.​

What Are Grandparents Rights In Indiana

Grandparents in Indiana do not start with automatic rights to visit or raise their grandchildren. The United States Supreme Court and Indiana courts have made it clear that parents have a fundamental constitutional right to raise their children, and that right comes first unless there is strong evidence that a child’s needs are not being met.​

Even with that strong starting point for parents, Indiana law has carved out carefully limited situations where grandparents can:

  • ask for court ordered visitation under the grandparent visitation statute
  • seek custody as third parties, and
  • be recognized as de facto custodians if they have been primary caregivers and financial supporters.​

How Grandparents Rights Indiana Work In Custody Court

To understand how grandparents rights Indiana work in court, it helps to see the big picture. On one side is the parental presumption; on the other side are the child’s best interests and the role grandparents have actually been playing in the child’s life.​

In practice, this means Indiana judges will:

  • start from a presumption that a fit parent is the best person to have custody and decide who the child sees
  • look very closely at whether the grandparent’s request respects parental rights while also supporting the child’s emotional, physical, and educational needs
  • apply specific statutes and case law that control when grandparents can even get in the courthouse door.​

The Legal Framework For Grandparents Under Indiana Law

Several key statutes create the basic framework for Indiana family law grandparents issues. The most important are:

  • Indiana Code 31-17-5 (grandparent visitation)
    This chapter explains when a grandparent may file for visitation, where to file, and what the court must consider to decide if visitation is in the child’s best interests.​
  • Indiana Code 31-17-2 (general custody provisions)
    These provisions list the “best interests” factors judges look at when deciding any custody case, including those involving grandparents as third parties.​
  • Indiana Code 31-9-2-35.5 (de facto custodian)
    This section defines who qualifies as a de facto custodian and gives those caregivers a stronger position in custody disputes when they have been primary caregivers and financial supporters for a set period.​

On top of the statutes, Indiana appellate courts have clarified how non parents, including grandparents, can seek custody and how judges must balance parental rights against the child’s best interests.​

Visitation Rights Grandparents Indiana Under Indiana Code 31-17-5

A lot of grandparents search “visitation rights grandparents Indiana” after a parent starts limiting or blocking contact. Under Indiana Code 31-17-5, grandparents may ask for court ordered visitation only in specific situations.​

A child’s grandparent may seek visitation if:

  • a parent of the child is deceased
  • the marriage of the child’s parents has been dissolved in Indiana
  • the child was born out of wedlock, and for paternal grandparents, paternity has been legally established.​

Even if one of those conditions applies, the court is not required to grant visitation. The judge still has to decide whether visitation is in the child’s best interests, taking into account:

  • the prior relationship between the grandparent and child
  • whether the grandparent has tried to maintain consistent, positive contact
  • the parent’s wishes, which must be given special weight
  • any impact visitation might have on the parent child relationship.​

When Child Custody Grandparents Indiana Becomes An Option

“Child custody grandparents Indiana” becomes the issue when a grandparent is not just seeking time but believes the child should live with them as a matter of day to day custody. There is no separate “grandparent custody” statute; instead, grandparents use the same third party custody rules that apply to other non parents.​

Common situations where grandparents consider custody include:

  • serious substance abuse, mental health issues, or domestic violence in the home that make the parent’s home unsafe
  • a parent’s incarceration, disappearance, or prolonged absence
  • a long period where the child has already been living with the grandparents and they have become the child’s primary caregivers.​

In these cases, grandparents may intervene in an existing divorce, paternity, or CHINS case, or file a new custody action. Judges then apply Indiana custody statutes and the parental presumption, so grandparents must present strong evidence that custody with them is necessary and best for the child.​

De Facto Custodian And Child Custody Grandparents Indiana

For grandparents who have essentially been raising their grandchild, the idea of “de facto custodian” can be critical. Under Indiana Code 31-9-2-35.5, a de facto custodian is a person other than a parent who has been the child’s primary caregiver and financial supporter for at least:​

  • six months if the child is under age three, or
  • one year if the child is age three or older,

and that time must be before any custody case is filed.​

When a court finds that a grandparent is a de facto custodian, the grandparent can be treated more like a parent in the custody analysis. The court must consider extra factors such as the circumstances under which the child was placed with the grandparent, the level of care provided, and the stability of the grandparent’s home.​

This does not automatically give custody to the grandparent, and it does not erase the parental presumption. But it does give grandparents a stronger legal foothold in “Indiana custody grandparents” cases, especially when they have been providing full time care and support for a long time.​

Guardianship Vs Third Party Custody Vs Adoption

Many grandparents who contact an Indianapolis family law grandparents attorney are not sure whether to pursue guardianship, third party custody, or adoption. These options sound similar but have important differences in court, in how long they last, and in what happens to the parents’ rights.​

Guardianship
Guardianship is often handled in probate court and gives a grandparent legal authority to make decisions about the child’s education, medical care, and daily needs without permanently terminating parental rights.​

  • It can be temporary or long term, depending on the situation and court orders.
  • Parents must generally be notified and can object or ask to modify later.
  • Guardianship can be especially helpful when parents are temporarily unable to care for the child, such as during a medical crisis, addiction treatment, or incarceration.​

Third party custody
Third party custody is usually handled in family court as part of a divorce, paternity, or independent custody case. Grandparents ask to be awarded legal and/or physical custody instead of the parents.​

  • Parents’ rights are limited for as long as the order is in place, but they are not automatically terminated.
  • Changing a third party custody order later requires showing a substantial change in circumstances and that modification is in the child’s best interests.​

Adoption
Adoption is the most permanent option. If grandparents adopt their grandchild, the parents’ rights are terminated and the grandparents become the child’s legal parents for all purposes.​

  • Adoption usually requires consent from the parents unless the court finds statutory grounds to terminate parental rights.
  • Once finalized, adoption is generally not reversed, and it carries full legal responsibilities just like having a child biologically.​

Because each path has different requirements and consequences, it is wise for grandparents to talk through their goals and their family’s situation with an experienced Indiana family law attorney before choosing a strategy.​

Burden Of Proof And Legal Standards For Grandparents

Indiana courts do not lightly take children away from their parents or override a parent’s decisions about visitation. For custody, grandparents usually must meet a clear and convincing evidence standard to rebut the parental presumption. That often includes showing that:​

  • the parent is unfit, or
  • the child would be harmed or placed at substantial risk of harm if custody remains with the parent, and
  • granting custody to the grandparent is in the child’s best interests.​

For grandparent visitation, the standard is somewhat different. Grandparents must fit within the statute and then prove that visitation is in the child’s best interests, while the court gives special weight to a fit parent’s wishes.​

This is why evidence is so important. Judges want to see documents, witnesses, and patterns, not just one person’s word against another.​

What Indiana Courts Look At In These Cases

In both visitation and custody cases involving grandparents, Indiana courts return to the “best interests of the child” standard. The general custody statutes list the factors judges must consider, including:​

  • the age and needs of the child
  • the child’s relationship with each parent, siblings, and the grandparent
  • the child’s adjustment to home, school, and community
  • the mental and physical health of all involved
  • any evidence of domestic violence, abuse, neglect, or substance abuse.

In grandparent visitation cases, courts look closely at the history and quality of the grandparent grandchild relationship, whether the grandparent has played a caregiving role, and how visitation might affect the parent child relationship.​

In more complex cases, judges may order custody evaluations, appoint a guardian ad litem to represent the child’s interests, or review reports from counselors and other professionals before entering a final order.​

How To File For Grandparent Visitation Or Custody In Indiana

Filing for grandparents rights in Indiana is a formal legal process. The steps look different depending on whether you are asking for visitation or custody, and whether there is already a court case open.​

Filing for grandparent visitation

1. Confirm you are eligible
Make sure you fall into one of the categories in Indiana Code 31-17-5-1: a parent is deceased, the parents’ marriage was dissolved in Indiana, or the child was born out of wedlock with paternity established for paternal grandparents.​

2. Identify the correct court
You typically file the petition in a circuit, superior, or probate court in the county where the child lives, or in the court that handled the parents’ divorce or paternity case. If there is an existing case, that court often keeps jurisdiction over visitation.​

3. Prepare and file the petition
Indiana law requires that a grandparent visitation case be started with a verified petition, usually titled “In Re the Visitation of [Child’s Initials].” The petition explains:

  • that you qualify under the statute
  • your relationship with the child
  • why visitation is in the child’s best interests.​

4. Serve the parents and any other required parties
Parents must receive proper legal notice of the petition so they have a chance to respond and appear in court.​

5. Gather and organize evidence
Before the hearing, work with your attorney to gather:

  • photos, cards, or messages showing your relationship
  • logs of time spent with the child
  • witness statements from teachers, neighbors, or family members who have seen your involvement.​

6. Attend hearings and possibly mediation
The court may schedule mediation to see if an agreement can be reached or hold a contested hearing where both sides present testimony and evidence. The judge will then decide whether to grant visitation and set a schedule.​

Filing for grandparent custody

1. Decide whether to intervene or file a new case
If there is already a divorce, paternity, or CHINS case involving the child, your attorney may recommend intervening in that case. Otherwise, you might file a new third party custody petition under the general custody statutes.​

2. Draft a detailed custody petition
The petition should explain:

  • your relationship to the child
  • why remaining with the parents would be harmful or is not in the child’s best interests
  • how long the child has lived with you and the care you provide
  • whether you seek recognition as a de facto custodian.​

3. Seek de facto custodian status if appropriate
If you meet the time and care requirements, your petition can include a specific request that the court find you are a de facto custodian under Indiana Code 31-9-2-35.5 or related provisions. You will then need to prove that status with evidence like school and medical records, financial records, and witness testimony.​

4. Prepare your evidence
Custody cases are evidence heavy. Work with your lawyer to gather:

  • medical and school records
  • any DCS reports or police reports
  • messages or emails that show you have been providing care or that show concerns about the parents
  • witnesses who can speak to your relationship with the child and the child’s condition.​

5. Go through temporary orders and evaluations if needed
The court may issue temporary custody or visitation orders while the case is pending and may order evaluations or appoint a guardian ad litem to investigate and report back to the court.​

6. Final hearing and order
At the final hearing, both sides present evidence and arguments. The judge then issues a custody order that may grant custody to the grandparents, leave custody with the parents, or create another arrangement, always based on the child’s best interests.​

Common Mistakes Grandparents Make

Grandparents often move quickly and emotionally when they are worried about a grandchild, which is understandable. But some common mistakes can make Indiana family law grandparents cases harder.​

Going too long with only informal arrangements
Many grandparents quietly raise grandchildren for years with only a handshake agreement. This may work until a conflict arises or a parent suddenly demands the child back. Without any court order, grandparents may find themselves with no legal authority and very little leverage.​

Posting or texting in anger
Social media posts or heated text messages about the parents can come back into court as evidence and paint grandparents as hostile or unwilling to support the parent child relationship. Judges pay attention to how adults communicate during conflict.​

Waiting to ask about de facto custodian status
Some grandparents delay talking to a lawyer even after caring for a grandchild for a long time. If a custody case gets filed before the time requirement is met, it may be harder to qualify as a de facto custodian and gain that stronger legal standing.​

Assuming any lawyer will do
Grandparent custody and visitation cases involve constitutional issues, multiple statutes, and sometimes overlapping courts (juvenile, probate, and family). Working with someone who does not regularly handle third party custody and grandparent rights can lead to missed arguments and opportunities.​

Signing permanent paperwork in a rush
In crisis moments, grandparents sometimes sign guardianship or even adoption documents without fully understanding the long term consequences. It is critical to slow down enough to understand whether what you are signing can be changed later and how it affects everyone’s rights.​

Working With An Indiana Family Law Grandparents Attorney

These cases are legally complex and emotionally intense. An experienced Indiana family law grandparents attorney understands both the statutes and the human side of what you are going through.​

Ciyou & Associates, P.C., based in Indianapolis, regularly represents grandparents across Indiana in:

  • grandparent visitation petitions
  • third party custody and de facto custodian cases
  • guardianship and adoption decisions where grandparents are already raising grandchildren.​

The right attorney can help you evaluate your options, decide whether to pursue visitation, custody, guardianship, or adoption, and build the evidence needed to present the strongest possible case in court.​

Practical Guidance For Indiana Grandparents

Beyond the law, many grandparents need practical guidance on what to do day to day. A few guiding ideas can help you stay focused and prepared:

  • Keep detailed notes
    Document visits, calls, concerning events, and your caregiving activities. These notes can be invaluable later if you must explain to a judge what has been happening over time.​
  • Focus on the child in every decision
    Try to keep your words, actions, and decisions focused on what is best for the child, not on “winning” against a parent. Judges notice when grandparents put the child first.​
  • Use support and education
    Resources like Kids’ Voice of Indiana, as well as local support groups for kinship caregivers, offer information and support on CHINS, guardianship, and third party custody issues.​

Next Steps If You Are Worried About A Grandchild

If you are reading this because you are scared for your grandchild or feel you are being shut out of their life, you are already doing something important by learning about grandparents rights in Indiana. Knowledge can help you turn fear into a plan.​

A focused consultation with a lawyer who understands grandparents rights Indiana can clarify whether you:

  • are eligible for grandparent visitation
  • might qualify as a de facto custodian
  • should consider guardianship, third party custody, or adoption
  • need to act quickly due to safety concerns or deadlines.​

Ciyou & Associates, P.C. represents grandparents throughout Indianapolis and across Indiana who are navigating these exact challenges. If you need to talk about child custody grandparents Indiana or visitation rights grandparents Indiana and how the law applies to your family, you can contact Ciyou & Associates, P.C. at (317) 210-2000 to discuss your situation and possible next steps.​

Frequently Asked Questions

What rights do grandparents have in Indiana custody cases?

Indiana grandparents have no automatic rights but can ask a court for visitation or custody in specific situations. For visitation, Indiana Code 31-17-5-1 allows eligible grandparents to seek court ordered time when a parent is deceased, the parents are divorced in Indiana, or the child was born out of wedlock and paternity is established. For custody, grandparents can seek third party custody under general custody statutes, especially when they have been the child’s primary caregivers or when the parents are unable to provide safe, stable care.​

Can a grandparent get custody if both parents are still alive?

Yes, but the bar is high. Indiana courts strongly favor placing children with their parents when the parents are fit and able to care for them. For a grandparent to obtain custody while both parents are living, they typically must present clear and convincing evidence that the parents are unfit or that leaving custody with the parents would seriously harm the child, and that custody with the grandparent is in the child’s best interests. Courts look at issues such as chronic substance abuse, ongoing domestic violence, severe mental health problems, or long term abandonment when weighing these cases.​

What qualifies someone as a de facto custodian in Indiana?

Under Indiana Code 31-9-2-35.5 and related provisions, a de facto custodian is someone other than a parent who has been the child’s primary caregiver and financial supporter for at least six months (if the child is under three) or at least one year (if the child is three or older), before any custody case is filed. Being a babysitter, occasional caretaker, or weekend caregiver is not enough; courts look for a sustained period where the grandparent provided day to day care and financial support because the parents could not or did not. If a court finds you are a de facto custodian, your claim to custody is evaluated more like a parent’s, although you still must show that placement with you serves the child’s best interests.​

How do grandparent visitation rights differ from parents parenting time?

Parents generally have broad constitutional rights to custody and parenting time that begin automatically when a child is born or adopted. Grandparents have no such automatic rights and may only ask for visitation if they fit within Indiana’s narrow statutory framework. Even then, courts must presume that a fit parent’s decision about visitation is in the child’s best interests and must give special weight to the parent’s wishes, while still considering whether limited grandparent visitation would benefit the child. As a result, grandparent visitation orders are often more limited and tailored than parenting time orders for parents.​

Is grandparent custody or visitation permanent, or can it be changed?

Like other custody and visitation orders, grandparent orders can be modified if circumstances significantly change and a modification would be in the child’s best interests. For example, if a parent who struggled with addiction completes treatment and demonstrates long term stability, they may ask the court to modify a third party custody order that placed the child with grandparents. Similarly, grandparent visitation can be increased, reduced, or terminated if the child’s needs, the parent child relationship, or the grandparent’s circumstances change, but the court will again weigh parental rights and the child’s welfare.​

Disclaimer

This blog is intended to provide general educational information about grandparents rights in Indiana custody and visitation cases. It is not legal advice, and reading it does not create an attorney client relationship with Ciyou & Associates, P.C. or any attorney. Laws, regulations, and court decisions can change, and how the law applies in any situation depends on the specific facts. For advice about your circumstances, you should consult directly with an Indiana family law attorney.

If you are a grandparent in Indianapolis or anywhere in Indiana facing a custody or visitation issue involving your grandchild, you can contact Ciyou & Associates, P.C. at (317) 210-2000 to discuss your situation and explore your legal options under Indiana law.​

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